Trump administration to defend ACA preventive coverage requirements

The Trump administration in a Tuesday court filing told the Supreme Court it intends to defend the Affordable Care Act’s requirement that insurers cover the full cost of certain preventive treatments. The treatments include screenings and medication to help avoid cancer, chronic illness, and other serious health conditions.

The Supreme Court will review whether or not the requirement violates the Constitution’s appointments clause. The United States Preventive Services Task Force determines what treatments qualify as preventive services that must be covered by insurers under the Affordable Care Act. Critics of the act's preventive coverage requirements argue that it gives the members of the task force unconstitutional powers because they were never required to undergo the Senate confirmation process.

Why do some Christians see the requirement as a religious freedom issue? No-cost preventive treatments would also include coverage of HIV drugs known as PrEP. Several Christian individuals and companies sued the federal government in 2020, saying coverage of the drugs would force them to support homosexual behavior, prostitution, drug use, or sexual promiscuity. A federal judge ruled in their favor, blocking the requirement, but the 5th U.S. Circuit Court of Appeals last year overturned the nationwide injunction while allowing the individuals who sued to remain exempt.

How did President Trump handle the Affordable Care Act during his first term? Trump undercut the act in various ways. He slashed its advertising budget by 90 percent, ended federal payouts to insurance companies with sicker patients, and signed an executive order making access to alternate plans with lower premiums easier. But despite his efforts to push a repeal-and-replace plan, Congress never passed an alternative.